People v Vargas
2007 NY Slip Op 02348 [38 AD3d 1338]
March 16, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 9, 2007


The People of the State of New York, Respondent, v Eugenio Vargas, Appellant.

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), for respondent.

Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered August 27, 2004. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed (see People v Lopez, 6 NY3d 248, 255-256 [2006]). Present—Gorski, J.P., Martoche, Smith, Lunn and Pine, JJ.